9. ELECTION PETITIONS Electoral petitions are part of the electoral justice landscape in Zimbabwe. The Electoral Court was established in terms of Electoral Act Chapter 2:13, 161 (as amended), and has exclusive jurisdiction to hear appeals, applications and petitions in terms of this Act; and to review any decision of ZEC or any other person made or purporting to have been made under this Act. The Court’s mandate covers a wide range of potential cases, from voter registration disputes to election petitions by unsuccessful candidates. The Judicial Service Commission (JSC) in February 2015 announced the appointment of four High Court judges (Justices Chinembiri Bhunu, Tendai Uchena, Andrew Mutema and Martin Makonese) as judges of the Electoral Court. The appointments were for the six-month period from 16February until 15August 2015. ZESN, however, notes that the Electoral Court Judges have been sitting unconstitutionally because section 183 of the Constitution does not permit the appointment of Judges to sit on more than one court. In addition, there is need to regularise the potential conflict of interest that may arise if the Chairperson of ZEC remains the Secretary of the Judicial Services Commission. In Zimbabwe there are a number of institutions that play significant roles in facilitating the effectiveness of our electoral justice system. The institutions include, but are not limited to, ZEC, The Zimbabwe Human Rights Commission (ZHRC), Electoral Courts and the Zimbabwe Republic Police (ZRP). During the 19 September, 2015 by-elections these institutions played a very minimum role with the exception of the police which provided security for the elections. 10. ELECTION DAY OBSERVATIONS The Network deployed 62 short term observers for the by-election comprising static observers based at some of the ward and constituency collation centres as well as teams of mobile observers in all three constituencies. ZESN’s observers adhere to a strict code of conduct and carry out their duties in conformity to the Electoral Laws of Zimbabwe and regional and international principles and guidelines such as the African Union Charter on Democracy and Governance. Opening and voting and counting procedures Everywhere ZESN observed polling stations opened on time with adequate polling personnel and voting materials. According to reports by our observers, there was an average of six polling officials at each polling station, three of whom were women. ZESN observers reported that important voting procedures such as checking of names in the voters’ roll, marking of fingers with indelible ink and ensuring that voters cast their ballots in secret were clearly followed. Counting procedures were conducted in accordance with the law and ZESN observer reports show that this was confirmed by political party agents who signed the V11 forms at the end of the process. Results of the polls were posted outside all polling stations where ZESN observed. 15 | P a g e